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Planning commission recommends approval of Sunburst Ranch Phase 3 after HOA and developer reach conditional agreement
Summary
The Midway Planning Commission voted to recommend approval of a master-plan amendment for Sunburst Ranch Phase 3 (36 units, 16.52 acres) after securing conditions including a signed developer–HOA agreement and a public trail connection to the Lundin property; the HOA emphasized binding language and engineered retaining walls.
The Midway Planning Commission on Monday recommended approval of a master-plan amendment for Sunburst Ranch Phase 3, a 16.52-acre proposal that would add 36 detached single-family homes and private trails, after the developer and homeowners association reached agreement on several points and commissioners attached conditions.
City staff described the amendment as a revision of the 2010 master plan for the development and said the change keeps the same unit count but shifts some design choices — converting previously approved attached units to detached homes, clustering units, providing 50% open space within phase 3, and relying on private roads maintained by the homeowners association (HOA). “They have to meet Midway City’s maximum height ordinance,” city staff said, noting the code limits height to 35 feet measured from natural grade and that five contested lots will vary between one- and two‑story designs with at least three single‑story homes.
The HOA and residents sought firm commitments on several operational details. Jeff Chevalier, a Sunburst Ranch HOA board member, told the commission the board voted unanimously to support the April 30 letter from the developer but conditioned that support on two points: that developer commitments be incorporated into the master-plan approval as enforceable conditions, and that the HOA be able to review and approve architectural plans. “We would really like to see those commitments be part of the city council’s approval,” Chevalier said.
Developer Dan Reeve said the proposal emphasizes lower‑maintenance, native landscaping and amenities such as a community garden and passive trails, and that the parties had negotiated nine principal items to address HOA concerns. “We’ve come to an agreement on all the major points, including that last one we were just talking about,” he said.
Commissioners focused on technical concerns — stormwater retention, trail slope and erosion risk, retaining‑wall engineering, construction traffic routing, and how to make elements of the developer–HOA letter enforceable. Staff said some items (for example, architectural review letters and mailbox placement) are straightforward to enforce as conditions, while other commitments reside in an agreement between the HOA and developer and could be incorporated into approval language or left for city council to finalize.
To reflect those concerns, the commission’s motion recommended approval of the master-plan amendment with two conditions added to the recommendation: adoption of a signed developer–HOA agreement as a condition of the master-plan amendment, and a requirement for public access on a north–south trail connecting the development to the Lundin property. The motion passed after a recorded second and a majority vote.
Next steps: the planning commission’s recommendation will go to the Midway City Council, which will make the final decision on the amendment and any enforceable conditions.
